Federal Inactivity Continues to Spark State Immigration Action
A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see...
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I Spy Missing I-9s — What Should HR Do?
by Steve Jones Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never...
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DHS allows illegal aliens to defer deportation and seek employment in the...
by Matthew J. Snyder The U.S. Department of Homeland Security (DHS) recently issued a directive that allows illegal aliens who satisfy certain criteria to temporarily defer their deportation and seek...
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What is comprehensive immigration reform?
by Elaine Young Following November’s election, a number of conservative leaders called on the GOP to embrace some practical approaches to resolving America’s immigration problems. If you’ve been...
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What bipartisan group’s immigration reform proposal means for employers
by Tammy Binford A bipartisan effort to reform U.S. immigration policy includes what the proposal’s authors say is a plan to “create an effective employment verification system” as well as a way to...
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Are you using the new Form I-9?
by Elaine Young On March 8, U.S. Citizenship and Immigration Services (USCIS) released the long-awaited new Form I-9 and its accompanying M-274 employer handbook. Employers were required to start using...
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Nation looks to Arizona’s experience with E-Verify
by Dinita L. James Reports out of the nation’s capital indicate the time finally may be right for comprehensive immigration reform. The word “comprehensive” encompasses a lot of issues, including...
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Looking into the crystal ball of immigration reform
by Elaine Young In October, Democrats in the House of Representatives released H.R. 15, their comprehensive immigration reform (CIR) bill. The bill essentially mirrors S. 744, which the Senate passed...
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Alternatives to H-1B status and the H-1B cap
by Leigh Cole H-1B nonimmigrant status allows U.S. employers to hire international workers in “specialty occupations” that require at least a bachelor’s degree or equivalent vocational preparation....
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How painful can it get? Penalties for immigration noncompliance
by Christine D. Mehfoud Compliance-minded companies always want to know, “What’s the risk of noncompliance?” Or, put another way, “How much will it hurt if we don’t get it right?” For companies still...
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Would Senator Hatch’s H-1B solution help?
by Elaine Young In 2013, Senator Orrin Hatch (R-Utah) was part of the group that drafted and passed a comprehensive immigration bill in the Senate. The bill later fizzled out in the House of...
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Is work or pleasure taking you abroad?
by Elaine Young Here is a look at the various issues that may come up when you need to visit another country for work. Or for vacation! Passports How many times have we received a call from someone who...
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Travel ban prompts questions about future of foreign workers in U.S.
President Donald Trump’s executive order affecting foreign nationals and refugees from seven Muslim-majority countries sparked an uproar from a number of major employers—particularly those in the tech...
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Looking at strategic alternatives to H-1Bs during H-1B cap season
by Leigh Polk Cole Each year, employers looking to hire H-1B workers for hard-to-fill positions have to focus on preparing H-1B petitions for the April 1 H-1B lottery deadline. All you can do is hope...
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How to prepare for heightened immigration enforcement
by Elaine C. Young The employment-based immigration bar is bracing for heightened worksite enforcement from the Trump administration. To be sure, U.S. Immigration and Customs Enforcement (ICE) engaged...
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Supreme Court’s action on ‘travel ban’ eases some employer concerns
by Tammy Binford and Holly Jones The U.S. Supreme Court’s decision to allow a limited form of President Donald Trump’s “travel ban” to take effect means people from the affected countries who work for...
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Employment verification nightmares: fake I-9s, bad Social Security numbers,...
by Jacob M. Monty No one looks forward to an I-9 audit from U.S. Immigration and Customs Enforcement (ICE). I-9s are notoriously problematic because not only does the law dictate which types of...
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Prevent discrimination against immigrant workers with sound I-9 practices
No employer wants to be the target of federal regulators on the hunt for workers not authorized to hold jobs in the United States. And no employer wants to be vulnerable to a national origin...
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DOL issues directive on visa program fraud and abuse
by Elaine C. Young We recently fielded a call from a client’s in-house employment counsel, who noted that the U.S. Department of Labor (DOL) seems to be rolling back employee protections, making her...
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Employers need to make preparations as DACA sunset nears
President Donald Trump’s announcement of an end to the Deferred Action for Childhood Arrivals (DACA) program has prompted uncertainty not only for those benefiting from the program but also for their...
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